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252 uphold the Church's law by the sword. But Otto's irregular marriage a few years later raised even greater difficulties. For the present Henry had shewn his ecclesiastical sympathies and his readiness to enforce the Church's decisions even in a field where many rulers disregarded or disliked them. A synod at Mayence in June 1023 separated the pair, whereupon Irmingard appealed to Rome. This appeal was looked upon by Aribo as an invasion of his metropolitan rights, and he persuaded a provincial synod at Seligenstadt to take his view. Here were forbidden all appeals to Rome made without episcopal leave, and also any papal remission of guilt, unless the ordinary penance imposed locally had been first performed. Henry sent the diplomatic Pilgrim of Cologne to explain matters to Benedict, who nevertheless directed a fresh hearing of Irmingard's case, and also significantly sent no pallium to Aribo. In reply the Archbishop called his suffragans to meet at Höchst 13 May 1024; and it was hoped through the Empress Kunigunda to draw thither bishops of other provinces also: meanwhile all the suffragans of Mayence except two signed a remonstrance to the Pope against the insult to their metropolitan. But Benedict died (11 June 1024) before the matter was settled, being succeeded by his brother Romanus, hitherto called Senator of all the Romans by Benedict's appointment, who passed from layman to Pope as John XIX within a day. The new Pope had no religious and few ecclesiastical interests, and the matter of the marriage went no further.

Soon after Benedict Henry himself passed away. During 1024 he had suffered from both illness and the weakness of advancing years; on 13 July the end came. His body was fittingly laid to rest in his beloved Bamberg, itself an expression of the religious zeal which was shewn so strongly and so pathetically in his closing years. Religion and devotion to the Church had always been a leading interest in his active life; as death drew nearer it became an all-absorbing care. The title of Saint which his people gave him fittingly expressed the feeling of his age.